Climate, chemicals, and worker regulations in the US: End of year trends

The United States’ regulatory landscape continues to consistently evolve, with more and more bills surging across sectors. In our end of year forecaster webinar, Regional Expert for the US, Jordan Stone, recounts the most recent regulatory developments occurring at both the state and federal level, with particular attention to climate change legislation, chemicals management regulations, and the protection of workers. 

In this article, we summarize the key trends shaping the US region into 2025 and beyond.

Climate change

Jordan Stone stated that climate change has, in recent years, transformed into a major regulatory topic within the United States. While federal action is taking place, many states have taken it upon themselves to implement policies to reduce their carbon footprint. Here, we provide a summary of the state actions taken by Maryland, Pennsylvania, New Jersey, and Vermont.

Maryland — Climate Pollution Reduction Plan 

Maryland is implementing policies to reduce the statewide greenhouse gas emissions by 60% by 2031 and achieve net zero emissions by 2045.  

Maryland’s Climate Pollution Reduction Plan directs state agencies to implement plans to help combat the effects of climate change by 1 November 2024, particularly in historically marginalized and overburdened communities who are disproportionately impacted by climate change.  

These plans must include: 

• The steps, times, and resources required to implement all necessary actions 

• The agency’s current funding 

• The potential outcomes of the investment over time 

• How the state agency will advance environmental justice
   

Pennsylvania — H.R. 504 

Pennsylvania has introduced House Resolution no. 504 to further their own state climate goals of a 26% reduction of net greenhouse gas emissions by 2025, compared to the 2005 levels, and an 80% reduction of net greenhouse gas emissions by 2050, from the 2005 levels.  

H.R. 504 would require the Joint State Government Commission to conduct a study analyzing the potential impact of climate change on public health and the environment in Pennsylvania. It would also require the Commission to evaluate projected costs associated with adopting and implementing these adaptation and resilience measures.  

While these developments would not directly impact employers, businesses may see significant changes to regulations and permits in response to states pushing to meet their climate change goals.
 

New Jersey & Vermont — Climate Superfund Act 

New Jersey has proposed the Climate Superfund Act to make certain fossil fuel companies liable for damages impacting the state and its residents, caused by the effects of climate change.  

In addition, if adopted, the bill would establish a program in the Department of Environmental Protection to collect compensatory payments from fossil fuel companies and distribute them as grants to climate change projects. Additionally, the New Jersey state treasurer would be tasked with assessing the damage caused by greenhouse gas emissions since 1995, and then the Department of Environmental Protection would be required to calculate the proportional share of damages owned by each responsible party. 

Vermont has also recently passed its Climate Superfund Act, requiring compensatory payments to provide revenue for climate change adaptation projects.
 

Illinois — Safety and Aid for the Environment and Carbon Capture and Sequestration Act 

To support the US’ goal of reducing carbon dioxide in the atmosphere and better control GHG emissions, Illinois passed its Creates the Safety and Aid for the Environment in Carbon Capture and Sequestration Act.  

This Act establishes provisions for carbon capture permit requirements, reports on minimum carbon capture standards, and the deployment of carbon capture and sequestration technology. Additionally, the Act requires carbon dioxide projects aimed at achieving a net reduction in greenhouse gases to prevent leaks while monitoring water, air, and soil.  

Chemicals management

As in the EU and APAC regions, PFAS continues to be a trending topic within the United States. Minnesota, Connecticut, Maine, Arizona, and Rhode Island have all been implementing legislation to restrict PFAS in products or water. Jordan summarized some of these state actions.
 

Minnesota 

From 1 January 2025, PFAS will be prohibited in the following 11 product categories: 

• Carpets or rugs 

• Cleaning products 

• Cookware 

• Cosmetics 

• Dental floss 

• Fabric treatments 

• Juvenile products 

• Menstruation products 

• Textile furnishing 

• Ski wax 

• Upholstery furniture 

This also includes the packaging for products within those categories that are integral to contain, protect, or dispense the product. For example, mascara and the tube that contains the product are both prohibited from containing PFAS from 2025 in Minnesota.
 

Maine 

Additionally, Maine has also made regulatory decisions to control PFAS. Its pre-proposal, if adopted, would prohibit the sale of new and unused products and product components containing intentionally added PFAS, as well as introduce notification requirements.

Rhode Island 

Effective in 2025, companies in Rhode Island that own or operate a public water system must conduct monitoring of raw, untreated drinking water for the maximum number of PFAS detectable from standard laboratory testing. Previously, it was only required for total PFAS.

Protection of workers

In the US, Jordan Stone noted that heat illness has become a trending topic, with many states taking action to propose or adopt indoor and outdoor heat exposure regulations to protect their employees. Alongside protecting workers from the environment, workplace harassment has already risen as an issue to tackle.
 

Heat injury and illness 

In July 2024, the US Occupational Safety and Health Administration proposed regulations requiring employers with indoor and outdoor work environments, and all general construction, maritime and agricultural sectors, to draft and consequently enforce a heat injury and illness prevention plan.
 

California 

California has become the most recent state to implement heat illness and hazard regulations, with the adoption of their Heat Illness Prevention and Indoor Places Program.  

As of July 2024, companies in California with indoor workspaces where temperatures may exceed 87°F must adhere to new regulations, including providing free, clean, cool, and fresh drinking water that’s closely accessible from work areas.  

Employers must also: 

• Provide access to at least one cool down area, which must be kept below 82°F 

• Provide assessment and control measures 

• Monitor the weather 

• Establish emergency response procedures 

• Provide training 

• Establish a heat illness prevention plan 

• Encourage workers to take preventative cool down rest periods
   

Prevent workplace harassment 

Senate Bill 4902 was proposed to prevent discrimination in the workplace, including harassment. If adopted, the bill would require employers with more than 15 employees to adopt, maintain, and periodically review a comprehensive non-discrimination policy regarding prohibited discrimination.  

This policy would need to include the following: 

• A definition of prohibited discrimination 

• A description of the types of behaviors prohibited by the policy 

• Whom an employee may report discrimination to 

• A description of multiple methods of reporting 

• A general description of how the employer will conduct timely and impartial investigations and respond to complaints 

• A prohibition against retaliation 

• A description of the confidentiality protocols 

• A description of the potential consequences for violating the policy 

Employers who repeatedly violate this policy could face a minimum fine of USD 5000 for each offence.

Staying compliant in the US

To summarize, it’s clear that the United States, and especially individual states, are paving the way for a safer future by taking an active role in changing the regulatory landscape by emphasizing ambitious climate goals, continuing the trend to reduce harmful exposure to PFAS, and promoting heat and anti-discrimination protections for workers across all sectors. 

As the United States’ regulatory landscape transforms into 2025 and beyond, it’s crucial businesses remain aware of the sudden and emerging developments in their state.